SYNDICATE BANK Vs. VENKATESH GURURAO KURATI

JUDGEMENT

(1.) This appeal, preferred by Syndicate Bank is directed against the Judgment and Order dated 16th April, 2004 passed by the Division Bench in Writ Appeal No.7997 of 1999 affirming the order dated 14th June, 1999 of the learned Single Judge passed in Writ Petition No. 12594 of 1991 allowing the Writ Petition filed by the respondent herein.

(2.) Briefly stated the facts are as follows:- The respondent was working as Manager of the appellants bank at Horti Branch (Karnataka) between 30-12-1976 and 22-7-1981. It is alleged that during the said period the respondent in collusion with certain staff members got necessary documents signed and arranged loans in the name of poor illiterate villagers under the Integrated Rural Development Program and misappropriated the proceeds of such loans. The allegations are :-

(3.) On the basis of the aforesaid allegations, the following charges were framed against the respondent on 5th August, 1985 with the statement of imputations of misconduct : CHARGE SHEET UNDER REGULATION NO.6 OF SYNDICATE BANK OFFICER EMPLOYEES (DISCIPLINE and APPEAL) REGULATIONS, 1976. WHEREAS it is proposed to hold an enquiry against you in accordance with the procedure laid down in Regulation No. 6 of Syndicate Bank Officer Employees (Discipline and Appeal) Regulations, 1976. AND WHEREAS the Articles of Charges and Statement of Imputations of misconduct in respect of which the enquiry is proposed to be held are mentioned here below : NOW THEREFORE, you are hereby directed to submit within 15 days from the date of receipt of this Charge Sheet, your written statement of defence, if any, showing cause as to why departmental proceedings should not be initiated against you and appropriate action should not be taken against you. ARTICLES OF CHARGES ARTICLE No.1 : That during the period between 30-12-1976 and 22-7-1981, you were functioning as manager of our Horti Branch and that while functioning in your position as such, on 20-6-1979, you obtained loan applications and other documents in the name of Shri Shankarappa Malakappa Desai with Sri N.C. Yelasangi as the proposed co-obligant/surety without informing them the purpose for which, they were obtained : AND Then sanctioned and arranged in their names, a secured Loan of Rs.6,000/- for the ostensible purpose of working capital requirements of Boosari business, knowingly or having reasons to believe that the said Sri Shankarappa Malakappa Desai was not doing such business; AND Got the loan proceeds withdrawn and received the same through a withdrawal slip issued in the name of the said Sri Desai, 15 days prior to the arranging of the loan. By your above acts, you failed to discharge your duties with utmost integrity, honesty, devotion and diligence and exhibited conduct unbecoming of a Bank Officer and thereby violated Regulation No.3(1) of the Syndicate Bank Officer Employees (Conduct) Regulations, 1976. ARTICLE No. II That during the period between January 1981 and March 1981, you, in connivance with Sri K.B.Bhaskaraiah, the then Farm representative of our Horti Branch, Sri H.K. Hegdeyal, the pigmy collection Agent of the branch, Sri Mareppa P.Talakeri, the then Attendar of the Branch and Sri Parasappa Siddappa Talakeri, father of the said Sri Mareppa P.Talakeri, obtained application forms for sheep loans through the said Sri Mareppa P. Talakeri, in the names of either his family members of other poor uneducated people of the village; AND Secured Farm Representative Reports from Sri. K.B.Bhaskaraiah, the Farm representative; AND Sanctioned 12 loans for a total sum of Rs.48,000/- under the IRDP Scheme; AND Got the loan proceeds withdrawn from the accounts of the borrowers concerned and received the amount either directly or through the accounts of the said Sri Parasappa Siddappa Talakeri, Sri H.K. Hegdeyal and others known to you; AND In the process, committed various irregularities as more fully described in the statement of imputations of misconduct mentioned herein below : By your above acts, you failed to discharge your duties with utmost integrity, honesty, devotion and diligence and exhibited conduct unbecoming of a Bank Officer and thereby violated Regulation No.3(1) of the Syndicate Bank Officer Employees (Conduct) Regulations, 1976.